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HomeMy WebLinkAbout1958/03/24 - ADMIN - Minutes - City Council - Regular 3.5 4 Council Meeting - March 24, 1958 A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8 p.m. Invocation was given by Joseph Justad Secretary of the Council. The following Councilmen were present at roll call: H. J. Bolmgren H. C. Davis Robert Ehrenberg Torval Jorvig D. C. Messer Kenneth Wolfe • Herbert P. Lefler Also present were the City Manager, City Attorney and the Secretary. Minutes - 4 On motion of Councilman Bolmgren, seconded by Councilman Messer, the minutes of meeting held March 17, 1958, were approved as submitted by unanimous vote of all members of the Council present. Claim for Damages - Robert Stuebing - 6a Claim for damages allegedly resulting from neglegence in failing to barri- cade sewer construction at the intersection of Boone and Boone Court, by Robert 0. Stuebing,' 3945 Joppa Avenue (copy to City Attorney March 11, 1958 , was pre- sented to the City Council. Robert 0. Stuebing was present at the meeting in support of claim. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the above claim for damages was referred to the City Attorney for advice and recommendation, by unanimous vote of seven members of the Council present. Request for Certificate of Occupancy 2500 Georgia Avenue - 6b Request for Certificate of Occupancy under the Zoning Ordinance for use of a building at 2500 Georgia Avenue for a cabinet making shop, (M. C. No. 58-22), was presented to the City Council. _ Neal Olseth and Al Garrison were present in support of request. Mr. Olseth was told that the property in question was now zoned Open Developement - and that due to the heavily populated residential area to the south, the Council was concerned , about what type of business would be carried on at this location, as the egress and ingress had to be through the residential area. It was suggested that Mr. Olseth discuss the matter with the City Attorney and City Manager to determine proper steps for him to take in order to use the present building as a cabinet making shop 355 March 24, 1958 Request for Certificate of Occupancy continued It was moved by'Councilman Davis, seconded by Councilman Ehrenberg, that the Request for Certificate of Occupancy under the Zoning Ordinance for use of a building at 2500 Georgia Avenue for a cabinet making shop, be denied - after motion there was considerable discussion and review of this problem. Councilman Jorvig then moved for the previous question, which-was-passed by seven yeas. Motion was then stated by the Mayor and passed by seven yeas. C lf: Communication Concerning Assessment for Watermain Lnpr. No. 55-14 - 6c Communication, dated March 12, 1958, concerning assessment for watermain, pn Improvement No. 55-14 was received from Mrs. S. E. Lindborg, 3380 Brookview Drive. (M.& C.No. 58-23.). Mrs. Lindborg was present at the meeting. She stated that she would like her letter to serve as a notice for the City to check assessment. A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, that this matter be referred to the City Attorney and City Assessor for advice and recommendation with respect to the assessment. Motion passed by unanimous vote of seven members of the Council present. Application fo Renewal of License - Non-Intox. Liquor On-Sale. Frank Lundberg Post-64 Application for renewal of license to sell non-intoxicating malt liquor on- sale (Club License), by Frank Lundberg Post American Legion No. 282, 5707 Excel- sior Boulevard, was presented to the City Council. On motion of Councilman Davis, seconded by Councilman Bolmgren, the above application for renewal of license was approved by a vote of six yeas. (Council- man Jorvig voting nay.) Request for Waiver of Fee for Building Permit - Benilde High School - 6e Request for waiver of fee for building permit on the Benilde High School Addition (2501 Highway No. 100), by M. A. Mortenson Company was presented to the City Council. Mr. Law and Mr. Mortenson were present in support of the request. A motion was made by Councilman Wolfe, seconded by Councilman Davis, to grant the waiver of fee for building permit on the Benilde High School Addition (2501 Highway No. 100) as requested, and as designated in Section 2 (c) of Ordinance No. 562. Motion passed by unanimous vote of seven members of the Council present. 8513 March 24, 1958 Communication Concerning the Lowering West 27th Street etc. Sam Segal - 6f Communication, dated March 20, 1958, requesting the matter of lowering West 27th Street from Dakota to Florida Avenues be removed from Council agenda, was received from Sam Segal. ' A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to accept the request that the matter of lowering West 27th Street from Dakota to Florida Avenues be removed from Council agenda and that the matter be dropped. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Restricting Parking etc. - 7a The proposed Ordinance Restricting Parking on Certain Streets (West Lake Street and Zarthan Avenue) was presented to the Council for second reading. Ordinance No. 616 A motion was made by Councilman Messer, seconded by Councilman Wolfe, to waive the second reading of proposed ordinance and adopt Ordinance No. 616, An Ordinance Restricting Parking on Certain Streets. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Amending Ord. No. 598 Relating to City Elections-7b The proposed Ordinance Amending Ordinance No. 598 Relating to City Elections, was presented to the Council for second reading. Ordinance No. 617 A motion was made by Councilman Ehrenberg, seconded By Councilman Messer, to waive the second reading of proposed ordinance and adopt Ordinance No. 617, An Ordinance Amending Ordinance No. 598 Relating to City Elections. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Auth. Sale of Blk. 1. Collins 2nd Addition - 7c The proposed Ordinance Authorizing Sale by the City of Block 1, Collins Second Addition (northeast corner of West 37th Street and Wooddale Avenue), was presented to the Council for second reading. Ordinance No. 618 A motion was made by Councilman Messer, seconded by Councilman Ehrenberg, to waive the second reading of proposed ordinance and adopt Ordinance No. 618, An Ordinance Authorizing Sale by the City of Block 1, Collins Second Addition. Motion passed by a vote of five yeas. (Councilman Wolfe and Councilman Jorvig abstained from voting.) Report Relative to Claim for Damages - Mrs. Sam Walzer - 8a Report relative to claim for damages filed by Mrs. Sam Walzer, 1844 Oregon Avenue (February 17, 1958 Council meeting) was presented by the City Attorney. 357 March 24, 1958 Report Relative to Claim for Damages - continued A'motion was made by Councilman Davis, seconded by Councilman Jorvig, to approve the payment of $320.88 from the water utility fund, to Mrs. Sam Walzer, 1844 Oregon Avenue, on her claim received February 10, 1958. Motion was passed by unanimous vote of seven members of the Council present. Minutes of Parks and Recreation Advisory Commission March 12. 1958 - 8b Minutes of the Parks and Recreation Advisory Commission meeting held March C 12, 1958 were presented to the City Council. On hearing no objections the Mayor ordered the Minutes received for filing. ir. a�—J Minutes of Special Planning Commission meeting March 19. 1958 - 8c Minutes of the Special Planning Commission meeting held March 19, 1958 were presented to the City Council. On hearing no objections the Mayor ordered the Minutes received for filing. Report of the Planning Commission (Case 58-13-Z) Blk. 1.Collins 2nd Add. - 8d Report of the Planning Commission (Case 58-13-Z) upon the request of the City Council for recommendation relative to proposed rezoning of Block 1, Collins Second Addition (West 37th Street and Wooddale Avenue) from Commercial Use District to Light Industrial Use District, was presented to the City Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Lesser, to set date for public hearing on April 14, 1958 for the rezoning of Block 1, Collins Second Addition from Commercial Use District to Light Industrial Use District. Motion passed by a vote of six yeas. (Councilman Wolfe abstained from voting.) Report of the Planning Commission (Case 58-12-V) Yosemite Ave.-Block 1, Collins Second Addition - 8e Report of the Planning Commission (Case 58-12-V) upon the request of the City Council for recommendation relative to proposed vacation of Yosemite Avenue adjacent to Block 1, Collins Second Addition (from West 37th Street north to alley), was presented to the City Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Messer, to set date for public hearing on April 14, 1958 for the vacating of Yosemite Ave. Adj. to Block 1, Collins Second Addition. Motion passed by a vote of six yeas. (Councilman Wolfe abstained from voting.) Report of Planning Commission (Case 58-10-SP) Benilde High School - 8f Report of the Planning Commission (Case 58-10-SP) upon the request of M. A. Mortenson Company for a special use permit under authority of Sections 10.3-33 and 10.5 of the Zoning Ordinance to build an addition to the Benilde High School (2501 Highway No. 100) - Mr. Law and Mr. Mortenson were present in support of the request. No action taken. 35`8 Claim for Damages - R. Ruedlinger and A. J. Ruedlinger - 9a Claim for damages resulting from change of grade on West 36th Street between Zinran and Aquila Avenues, by R. Ruedlinger and A. J. Ruedlinger, was received by the City Council. Councilman Jorvigytook the chair. Mayor Lefler left the room. A motion was made by Councilman Wolfe, seconded by Councilman Davis,that the above claim for damages resulting from change of grade on West 36th Street between Zinran and Aquila Avenues be referred to the City Attorney for advice and recommendation in accordance with his opinion dated March 4, 1958. Motion passed by a vote of six yeas. (Mayor Lefler not voting.) Report of Planning Commission (Case 58-9-V) Paul Bilka - 9c Report of the Planning Commission (Case 58-9-V) recommending favorably upon the request of Paul Bilka for variance from Section 1 of Ordinance 557 prohibiting the subdividing of lots with a width of less than 75'' at 3030 Rhode Island Avenue (Lots 14, 15, 16, Block 3, Roanoke Acres) and also a request for variance to Section 12 of Ordinance 558 to permit division of lots without replatting (deferred March 17, 1958), was presented to the City 'Council. Mr. Paul Bilka was present in support of his request. ' It was moved by Councilman Wolfe, seconded by Councilman Messer, to find that the conditions set forth in Section 12 of Ordinance 558 are met, and to grant the variance from the provisions of Section 1 of Ordinance No. 557. Motion passed by a vote of five yeas. (Councilman Davis and Councilman Ehrenberg voting nay.) Codification of City Ordinances - 9b Codification of City Ordinances was presented by Mayor Lefler. Mayor Lefler stated that the codification of City Ordinance should be completed without delay. He said that from time to time there would be changes to make, by amendments but we need the Code now. He recommended that the City Council direct the City Attorney to complete the Code and have same printed as soon as possbile. He stated that he thought this job should not be given to the new Assistant City Attorney. A discussion followed with suggestions that a professional typist, who has done considerable of this type of work,be engaged to prepare the copy for repro- ducing. Councilman Wolfe said he knew of such a person and he was requested to give the party's name to the City Attorney. It was further decided that all the typing be done in the City Attorney's Office, where he can supervise the entire job. The City Attorney stated that he would report on the cost of reproducing the Code. 359 March 24, 1958 Codification of City Ordinances - continued A motion was made by Councilman Davis, seconded by Councilman Holmgren, that the City Attorney be directed to complete the Codification of City Ordin- ances at the earliest possible time, and to confer with the City Manager and Department Heads for additional changes and new material, same to be referred to the City Council for checking, and the City Attorney to hire someone to copy Code for preparation for printing. Motion passed by unanimous vote of seven members of the Council present. C Approval by the City Council of Agreement - Lots 8 ei 9. Blk. 3. Browndale Add. -9e a1d Approval by the City Council of Agreement Imposing Restrictions on Use of Land in Connection with Zoning Ordinance (Rezoning of Lots 8 and 9, Block 3, ocr Browndale .Addition under Ordinance No. 614), was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to approve the Agreement Imposing Restrictions on Use of Land in Connection with Zoning Ordinance (Rezoning of Lots 8 and 9, Block 3, Browndale Addition under ' Ordinance No. 614), subject to examination by the City Attorney checking paragraph A relative to proper legal description; the Mayor and City Manager were authorized to execute agreement on behalf of the City. Motion passed by a vote of six yeas. (Mayor Lefler abstained from voting.) • Concerning Negotiation with Minneapolis Gas Company for Lower Gas Rates-etc.-9d Concerning negotiation with Minneapolis Gas Company for lower gas rates - and proposed agreement between suburban municipalities relating to the establishment of suburban gas agency (deferred March 17, 1958), was presented to the Council. Mayor Lefler called attention to a letter, dated March 21, 1958, from James B. Kempf, Village Attorney of Bloomington, which suggested amendments to the proposed agreement on the Suburban Gas Agency, agreed upon at a recent meeting of Suburban Municipality Attorneys and Managers. The City Attorney gave an oral report of his meeting with the Suburban Municipality Attorneys and Managers, in- dicating that there were a number of legal problems to work out. There was concern expressed asAo the value of the City becoming a member of the proposed Suburban Gas Agency if the City decided to go it alone- under City Charter provisions. There was a feeling that the information secured thru the Agency would be valuable if City did decide to act alone. The City Attorney pointed out that if City did proceed on its own that rate established in allprobability would be a suburban area rate. Mrs. Henry Morris and Mr. Leo Schultz were present and participated in the discussion. Resolution No. 555 A motion was made by Councilman Davis, seconded by Councilman Jorvig, that Resolution No. 555, Resolution Authorizing Joint and Cooperative Agreement Relating to Establishment of Suburban Gas Agency be adopted, with amendments thereto as set forth in letter of March 21, 1958 from James B. Kempf, Village Attorney of Bloomington. 6'0 March 24, 1958 Minneapolis Gas Company Rates - Continued Further discussion was had on the motion. Councilman Davis then moved for the previous question, which was passed by seven yeas. Motion was then stated by the Mayor and passed by seven yeas. 1957 Financial Statement - 101 1957 Financial Statement for publication as required by Sedtion 6.14 of the Chartei+as presented to the Council. On motion of Councilman Jorvig, seconded by Councilman Messer, the City Clerk was directed to publish the 1957 Financial Statement fax as required by Section 6.14 of the Charter, by unanimous vote of seven members of the Council present. Verified Claims - 12 On motion of Councilman Bolmgren, seconded by Councilman Jorvig, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated March 24, 1958 in the total amount of $13,764.23 for vendors was approved, and the City Manger, City Clerk, and City Treasurer were authorized to issue checks covering same, ,by unanimous vote of seven members of the Council present. Meeting Adjourned - 13 On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the meeting was adjourned at 11:23 p.m., by unanimous vote of all members of the Council present. H- be ;P Le e , Mayo Attest: oseph ustipr, Secretary